Chapter 4734-10 Acupuncture Practice

(A)
Each chiropractic physician issued a
certificate to practice acupuncture by the board shall maintain a current
license to practice chiropractic in the state of Ohio.

(B)
If at any time a chiropractic physician's
license to practice chiropractic in Ohio is suspended, revoked, placed
inactive, or forfeited, the certificate to practice acupuncture issued by the
state chiropractic board shall likewise be suspended, revoked, placed inactive,
or forfeited without further administrative action.

(C)
At no time shall a chiropractic physician
hold an active certificate to practice acupuncture without simultaneously
holding a valid, current license to practice chiropractic in the state of Ohio.

(A)
It shall be the objective of each
board-approved acupuncture educational provider to prepare each chiropractic
physician to demonstrate professional competence to become an acupuncture
provider.

(B)
Each educational
provider that seeks board approval of an acupuncture course of study shall file
an application with the board. The application shall include:

(1)
Evidence that the program consists of a
minimum of three hundred hours of instruction, of which at least two hundred
hours must be administered in accordance with division (B) of section
4734.211 of the Revised Code;

(2)
Evidence that the program is
administered by an entity oulined in division (C) of section
4734.211 of the Revised Code;

(C)
The
board may review the application and supporting documentation and/or appoint a
committee to review the application materials.

(D)
Board-approved acupuncture educational
providers may accept transfer hours towards the required three hundred hours of
acupuncture education for those chiropractic physicians who have previously
earned acupuncture education. The educational provider shall ensure that any
accepted transferred hours are appropriate and acceptable to utilize towards
the three hundred hour course requirement as outlined in section
4734.211 of the Revised Code.
The board-approved acupuncture educational provider shall reflect all
transferred coursework on the chiropractic physician's final transcript.

(E)
The educational institution
shall ensure appropriate attendance and monitoring procedures for the course of
study.

(F)
The board may withdraw
approval of an acupuncture course of study at any time if such program is not
in compliance with the provisions of this rule. If, in the opinion of the
board, there is evidence that an entity having status of board-approved
acupuncture educational provider is not in compliance with this rule, the board
shall issue a warning letter to the program stating that board-approved status
may be withdrawn and the reasons for the action. Such letter shall be sent at
least thirty days prior to such contemplated action by the board. Reinstatement
of board-approved status may be granted by the board if the educational
provider furnishes proof of compliance with this rule.

(A)
No certificate to practice acupuncture in
the state of Ohio shall be issued to an applicant unless the applicant's Ohio
chiropractic license is current and valid.

(B)
Each applicant for a certificate to
practice acupuncture shall apply for said certificate on board prescribed forms
and submit satisfactory evidence of his or her qualifications to receive a
certificate to practice acupuncture in the state of Ohio as prescribed by
section 4734.282 of the Revised Code.
Each applicant shall:

(1)
Submit a completed application for certificate to
practice acupuncture in the state of Ohio which can be found on the board's
website;

(2)
Submit a
non-refundable application fee in the amount of one hundred dollars made
payable to the treasurer, state of Ohio;

(3)
Instruct
that a transcript be sent directly
to the board from the board-approved educational institution(s) from where his
or her acupuncture education was attained;

(4)
Instruct that a transcript be sent directly to the board from the national
board of chiropractic examiners reflecting a score of three hundred
seventy-five or higher on the written acupuncture exam;

(C)
Applications shall be signed by the
applicant in his or her own handwriting and acknowledged before a notary
public. Incomplete applications will not be considered and will be returned to
the applicant with the notation that the application is incomplete.

(D)
Once a complete application including all
required credentials is received by the board, a determination as to whether
the applicant meets the requirements to receive a certificate to practice
acupuncture shall be made by the board within sixty days.

(E)
Applications shall be valid for one
year from the initial application date. After one year, a new application
and the
appropriate fee must be submitted.

(F)
The board may refuse or deny an applicant
for a certificate to practice acupuncture in this state if the applicant does
not meet the licensure requirements as outlined in section
4734.282 of the Revised Code or
has committed any act which indicates that the applicant does not possess the
character and fitness to practice acupuncture, including any act that would be
grounds for disciplinary action as outlined in section
4734.31 of the Revised Code. The
burden of proof is on the applicant to prove by clear and convincing evidence
to the board that he or she meets the conditions for receipt of a certificate
to practice acupuncture.

(G)
Any
applicant that the board proposes to refuse or deny a certificate to practice
acupuncture shall be entitled to a hearing on the question of such proposed
refusal or denial. Notice and hearing requirements incident to such proposed
refusal or denial shall be in compliance with the provisions of Chapter 119. of
the Revised Code and Chapter 4734-4 of the Administrative Code.

(A)
Each chiropractic physician who receives
a certificate to practice acupuncture shall thereafter apply for renewal of
such certificate on a biennial basis and pay a non-refundable one hundred
dollar renewal fee made payable to the treasurer, state of Ohio postmarked
before the first day of April of each
even numbered year. Such renewal shall be made on forms prescribed by the
board. Each licensee shall complete the certificate
renewal application and supply all information necessary to process the
application.

(B)
At least
sixty days prior to the expiration of a certificate, the executive director
shall send notification of renewal to every licensee to whom a certificate was
issued or renewed during the current biennial period and post the license renewal applicaton on the board's
website. Failure to receive the board's notification of renewal shall not
exonerate the licensee from the board's certificate renewal requirements.

(C)
Each licensee shall complete
the certificate renewal application and supply all information necessary to
process the application. An acupuncture certificate shall not be renewed unless
the licensee's chiropractic license is likewise renewed.

(D)
Each licensee shall
attest on the application for certificate renewal to having earned twelve hours
of acupuncture CE. Acupuncture CE may be earned within the state of Ohio, outside the
state of Ohio or via electronic learning so long as the CE is sponsored by a
board-approved chiropractic educational institution, a non-profit association,
accredited academic health institution or hospital and comply with the
applicable requirements of rules
4734-7-02 and
4734-7-03 of the Administrative
Code.

(E)
Electronic learning includes, but is not limited to,
CD, DVD, MP3 audio programs, video programs, internet programs and virtual
education opportunities that provide a certificate of attendance/completion.
Electronic learning does not include journals and/or publications in any
format.

(F)
Licensees
applying for their first initial renewal shall be exempt from reporting CE
credit.

(G)
It is the
responsibility of the licensee to ensure that all CE hours earned for
certificate renewal purposes are offered specifically for Ohio CE credit.

(H)
CE shall be earned in the two
year period immediately preceding the first day of April of the year in which
certificate renewal is required. CE hours shall not be carried over from one
renewal period to the next.

(I)
Instructors of CE programs that are offered for CE credit and sponsored by a board-approved CE
sponsor may claim CE credit equal to one times the number of hours
in which they teach.

(J)
Each licensee
shall maintain verification of earned CE for no less than three full years from
completion of the CE activity.

(K)
The board may select applications for audit to verify that all CE requirements
have been met. Licensees whose applications are selected for audit shall submit
documentation of compliance with the required CE hours within thirty days from
the date of the board's notification.

(L)
No licensee shall destroy, alter, or
otherwise make unavailable documentation of CE and shall produce such
documentation upon demand. Failure to maintain CE records rebuts the
presumption that the required CE hours were met.

(M)
A waiver, extension, or reduction of CE
hours may be granted to a licensee due to illness, disability, or other good
cause shown . A
request for a waiver, extension, or reduction of CE hours must be made to the
board in writing no less than sixty days prior to the expiration of the
certificate.

(N)
Any incomplete
renewal will be returned to the licensee indicating the reason for such return.
If the renewal application is not returned to the board postmarked
before
April first, the certificate shall be classified as expired. The certificate
may be restored upon receipt of a complete certificate renewal application, the
one hundred dollar renewal fee and proof of twelve CE hours earned in
accordance with this chapter.

(O)
If a check for certificate renewal is returned for insufficient funds, the
board shall promptly notify the licensee. The licensee must submit a certified
check or money order in the amount of one hundred dollars within ten days of
the date of notification from the board. If the payment is not received
postmarked before
April first, the certificate shall be considered expired. The certificate
may be restored upon receipt of a complete certificate renewal application, the
one hundred dollar renewal fee and proof of twelve CE hours earned in
accordance with this chapter.

(P)
Failure to renew a certificate results in the forfeiture of the licensee's
right to practice acupuncture in the state of Ohio.

(Q)
If the board proposes to refuse to renew
a certificate for the licensee's failure to meet the certificate renewal
requirements, the licensee shall be entitled to a hearing on the question of
such proposed denial. Notice and hearing requirements incident to such proposed
denial shall be in compliance with the provisions of Chapter 119. of the
Revised Code and Chapter 4734-4 of the Administrative Code.

(R)
If the board proposes to discipline a
licensee for failure to meet the CE requirements after an audit is conducted,
the licensee shall be entitled to a hearing on the question of such proposed
discipline. Notice and hearing requirements incident to such proposed denial
shall be in compliance with the provisions of Chapter 119. of the Revised Code
and Chapter 4734-4 of the Administrative Code.

(A)
A licensed
chiropractic physician may refer a patient to an acupuncturist
or oriental medicine practitioner who holds a
certificate of registration issued by the state medical board in accordance
with Chapter 4762. of the Revised Code for acupuncture
services.

(B)
The licensed
chiropractic physician shall comply with all applicable sections of Chapter
4762. of the Revised Code in regard to supervision of
acupuncturists and oriental medicine
practitioners.

(A)
Any current licensee may
place his or her acupuncture certificate on inactive status in accordance with
the provisions of section
4734.286 of the Revised Code if
the certificate is in good standing and not under disciplinary review. The
effective date of an inactive status shall be the date reflected in the board's
official record.

(B)
A chiropractic physician
holding an inactive acupuncture certificate may apply to have such certificate
restored on board prescribed forms and provide all information necessary to
process the application for restoration. An acupuncture certificate shall not
be renewed unless the licensee's chiropractic license is current.

(1)
If an
application for restoration is received before the first day of the second year
of the CE period, the applicant shall submit a non-refundable payment of one
hundred dollars made payable to the treasurer, state of Ohio and submit
evidence of earning twelve hours of acupuncture CE. Such CE credit shall be
earned in accordance with the provisions of Chapter 4734-7 and attained within
the twenty-four months immediately preceding the date of the application for
restoration.

(2)
If an application for restoration is received on or
after the first day of the second year of the CE period, the applicant shall
submit a non-refundable payment of fifty dollars made payable to the treasurer,
state of Ohio and submit evidence of earning six hours of acupuncture CE. Such
CE credit shall be earned in accordance with the provisions of Chapter 4734-7
and attained within the twenty-four months immediately preceding the date of
the application for restoration.

(C)
The Board shall
consider the length of inactivity and the moral character and activities of the
applicant during the inactive certificate period and may impose any of the
terms and conditions for restoration outlined in division (B) of section
4734.286 of the Revised
Code.

(D)
The board may refuse or
deny an applicant for restoration of his or her inactive certificate if the
applicant does not meet the requirements as outlined in this chapter or section
4734.286 of the Revised Code or
has committed any act which indicates that the applicant does not possess the
character and fitness to practice acupuncture, including any act that would be
grounds for disciplinary action as outlined in section
4734.31 of the Revised Code. The
burden of proof is on the applicant to prove by clear and convincing evidence
to the board that he or she meets the conditions for license restoration.

(E)
Any applicant that the board proposes to refuse or deny
certificate restoration shall be entitled to a hearing on the question of such
proposed refusal or denial. Notice and hearing requirements incident to such
proposed refusal or denial shall be in compliance with the provisions of
Chapter 119. of the Revised Code and Chapter 4734-4 of the Administrative
Code.